How to sign a company transfer contract

Legal analysis: the transfer of the company requires the old shareholders and new shareholders to sign equity transfer contracts for all the shares of the company;

The transfer of the company enters the performance procedure of the equity transfer contract. The old shareholders shall adopt the methods of equity transfer contract and overall transfer of the company by implementing the company's resolutions. Relevant company resolutions shall be filed with the Market Supervision Bureau. The new shareholder pays the equity transfer price to the old shareholder according to the equity transfer agreement;

The transfer of the company enters the equity delivery procedure. Old shareholders and new shareholders go to the market supervision bureau for equity delivery and industrial and commercial change procedures. After the completion of industrial and commercial changes, complete the company transfer and equity transfer contract.

Before signing the equity transfer contract, the shareholders who want to transfer their capital contribution make an offer to the board of directors of the company, and the board of directors of the company will submit it to the shareholders' meeting for discussion and voting. In addition, assets should also be evaluated. In the transfer of capital contribution, the assets of intangible assets such as state-owned assets and land use rights, industrial property rights and proprietary technology are evaluated.

Legal basis: company law

Article 71 Shareholders of a limited liability company may transfer all or part of their shares to each other. Shareholders' transfer of equity to persons other than shareholders shall be approved by more than half of other shareholders. Shareholders shall notify other shareholders in writing to agree to the transfer of their shares. If other shareholders fail to reply within 30 days from the date of receiving the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; Do not buy, as agreed to transfer. Under the same conditions, other shareholders have the priority to purchase the equity transferred with the consent of shareholders. If two or more shareholders claim to exercise the preemptive right, their respective purchase proportions shall be determined through consultation; If negotiation fails, the preemptive right shall be exercised in accordance with their respective investment proportions at the time of transfer. Where there are other provisions on equity transfer in the articles of association, such provisions shall prevail.